Bernard Durkan (Kildare North, Fine Gael)
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244. To ask the Minister for Transport, Tourism and Sport if he will clarify the basis on which Kildare County Council carried out improvements, upgrading and maintenance on a regular basis on the road serving the properties of persons (details supplied) in County Kildare whilst now maintaining that the road in question is not taken in charge and citing a requirement under the 2009 Act to the effect that the residents involved are required to obtain a court order to continue to enjoy the rights and entitlements they have enjoyed since the 1970s; and if he will make a statement on the matter. [32464/13]

Leo Varadkar (Dublin West, Fine Gael)
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It is my understanding that the road referred to is a private road and is therefore not a matter for my Department.  Furthermore I understand the Act referred to by the Deputy maybe the Land and Conveyance Act 2009, this being the case my Department has no function in the matter